Agency Side Jobs - Terms & Conditions
AGENCY SIDE JOBS: Terms & Conditions
These Terms & Conditions (“Agreement”) set out the applicable terms for the creation of an account on the Website as either:
- an employer or recruitment agency - in order to list of manage job adverts; or
- a work seeker - in order to review and apply for jobs.
If you disagree with any part of this Agreement, you must not use the Website or the Services.
AGENCY SIDE JOBS is a trading name of MADD RECRUITMENT LIMITED, a limited company registered in England (company no. 11166085) with its registered address at Westbury House Business Centre, Woodbridge Road, Ipswich, Suffolk, IP4 4PG, England (“Agency Side Jobs” / “we” / “us” / “our”).
1. DEFINITIONS AND INTERPRETATION
1.1 The definitions and rules of interpretation in this clause apply in this Agreement:
Candidate: a User pursuing a Role;
Candidate Database: a list of Candidates that have signed up to use the Website for the purposes of finding a Role;
Advertiser: a User seeking suitable candidates to fill a Role. The Advertiser may be the direct employer or a recruitment agency / service;
Fees: any fees payable by an Advertiser for the use of the Services;
Listing: an advert or job listing for a Role which is placed on the Website by an Advertiser seeking suitable candidates;
Role: a part time, full time or fixed term employment, agency or contract position promoted by an Advertiser;
Services: access to the User’s Website account in order to:
- enable Advertisers to create and manage Listings and access the Candidate Database (where available);
- enable Candidates to review and apply for Roles; and
- share Listings on social media platforms.
User / you / your: a person utilising the Website and/or Services for the purposes of finding or filling a Role; and
1.2 Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
1.3 Clause headings are for reference purposes only and shall not affect the interpretation of the clause.
1.4 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.5 The terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.6 A reference to ‘writing’ or ‘written’ includes emails unless stated otherwise.
2. GENERAL OBLIGATIONS OF USERS IN USING THE WEBSITE AND THE SERVICES
2.1 The User agrees not to:
- breach any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal data;
- copy or duplicate, in any manner, any of the information available from the Website other than as permitted by this Agreement;
- provide links to any information available from the Website, unless permitted by this Agreement;
- create an account, or apply for a Role on behalf of a third party;
- create more than one account on the Website;
- share any login credentials to the Website with any third parties;
- access data not intended for the User, or logging into a server or account which Users are not authorised to access;
- post or submit to the Website any incomplete, false or inaccurate information;
- post content that contains restricted or password-only accessed pages;
- harass or provoke harassment of any third party;
- post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by this Agreement;
- delete or alter any material posted by any other User; or
- post or submit any content or Listing that is defamatory, libellous, offensive, obscene, threatening, abusive, hateful or discriminatory or likely to cause annoyance, embarrassment, anxiety or include any links to indecent material of any kind, as determined in our reasonable opinion.
2.2 The User shall not:
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Website and/or any other User’s Listings or information in any form or media or by any means;
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website; or
- access all or any part of the Website in order to build a product or service which competes with the Services.
2.3 The User is responsible for maintaining the confidentiality of their own account details and the User must notify us immediately in the event that the confidentiality of their account is breached.
2.4 Your access to use the Website and Services will be removed if it is discovered that someone other than you is using your account.
2.5 PLEASE NOTE: We reserve the right to immediately reject or remove any Listing or any content from the Website, which in our sole opinion does not comply with the terms of this Agreement or which we believe is detrimental to Agency Side Job’s reputation.
3.1 Information posted to the Website by Advertisers is the sole responsibility of the Advertiser. We shall not be responsible for any Candidate interactions with the Advertiser or any employment decisions made by any Advertiser using the Website and the Services. The Advertiser is responsible for verifying any information contained in a Candidate’s response and we accept no responsibility for the content of any such application. In particular, but without limitation, the Advertiser is responsible for verifying the Candidate's identity, eligibility to work, experience, training, qualifications and authorisations required by the Advertiser, by law or by any relevant professional body for the vacancy.
3.2 The Advertiser shall provide details about itself and the Role to Candidates, including but not limited to, the nature of the Advertiser’s business and its identity, the nature of the role, the type of work to be performed, the start date, the hours of work, the location, the remuneration and additional benefits received.
3.3 By submitting a Role to the Website, the Advertiser is authorising us to post such vacancy in the form provided and represents, warrants and undertakes that the information provided is accurate and correct.
3.4 A Listing must not contain:
- any hyperlinks, other than those specifically authorised by us;
- misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the Role, as determined in our reasonable opinion;
- any names, logos or trademarks that infringe third party intellectual property rights;
- inaccurate, false, or misleading information; and
- material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 16.
3.5 The Advertiser must not use any Listing to:
- post Roles in a manner that does not comply with any applicable local, national and international laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, privacy, data protection, and intellectual property;
- post Roles that include any screening requirement or criterion where such requirement or criterion is not an actual and/or legal requirement of the Role;
- sell, promote or advertise products or services;
- post any franchise, pyramid scheme, ‘club membership’, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- post any business opportunity that pays commission only, unless this constitutes a commonly accepted convention in the applicable industry;
- post Roles on the Website for modelling, acting, talent or entertainment agencies or talent scouting positions;
- endorse a particular political ideology or stance;
- promote a particular religion; and
- except where allowed by applicable law, advertise Roles which require a Candidate to provide information relating to their:
- racial or ethnic origin;
- political beliefs;
- philosophical or religious beliefs;
- membership of a trade union;
- physical or mental health;
- sexual orientation;
- the commission of criminal offences or proceedings; and/or
3.6 The Advertiser undertakes to use the Website and the Services in good faith. The Advertiser also agrees that any abuse of the Services, Website or this Agreement can result in the Advertiser’s access to the Services being removed, and its account terminated at our sole discretion.
3.7 For the duration that the Advertiser is a registered User of the Website (and for 12 months thereafter), the Advertiser undertakes not to solicit, or attempt to solicit, for employment or engagement (with itself or any associated company or organisation), any employee of Agency Side Jobs. A breach of this clause shall be a material breach and will entitle us, without prejudice to any other remedies we may have, to terminate the Advertiser's account on the Website and the Services immediately.
4. CANDIDATE DATABASE
4.1 Where available, an Advertiser may be provided with access to the Candidate Database in accordance with the terms of this Agreement. The Advertiser acknowledges and agrees that such access may be subject to further data processing or data sharing terms.
4.2 Subject to clause 4.1, the Advertiser represents, warrants and undertakes that it will solely use the Candidate Database in accordance with the applicable privacy and data protection laws and the Advertiser agrees to not further disclose any Candidate data from the Candidate Database to any third party.
4.3 The Advertiser shall take all necessary actions to protect the data obtained from the Candidate Database from loss, misuse, unauthorised access, disclosure, alteration or destruction.
5. FEES AND PAYMENT OF ADVERTISERS
5.1 No fees are payable by Candidates to use the Website.
5.2 The Advertiser must pay the per Listing Fee detailed at [LINK], or where a quotation is provided to the Advertised by us, the Listing Fee shall instead be the Listing Fee detailed in a quotation to the Advertiser (i.e any quotation provided shall take precedence) and such Listings will be ‘live’ for a period of 28 days each.
5.3 All invoices are payable by the Advertiser immediately from the date of the relevant invoice.
5.4 VAT will be shown separately on all invoices (where applicable).
5.5 The Advertiser will not be entitled to set-off, counterclaim, deduct or withhold payment under this Agreement.
5.6 If the Advertiser does not pay an invoice issued by the relevant due date, we reserve the right to take the following actions:
- charge interest on any outstanding sums from the due date for payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment;
- suspending the Advertiser’s account with us. We will not be liable for any loss of data that may occur in relation to the suspension of the account.
5.7 We may set-off any liability that the Advertiser may have to us against any liability that we may have to the Advertiser.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 This Website and the material contained on it is owned by, or licensed to, us. This material includes, but is not limited to designs, layout, look, appearance and graphics. Those works are protected by various intellectual property right laws and treaties around the world. All such rights are reserved.
6.2 You hereby grant Agency Side Jobs a non-exclusive, perpetual, irrevocable, transferable, royalty-free, worldwide licence to use any and all information, text and data that you upload to the Website solely for use in the provision of the Services.
7.1 A party (“Receiving Party”) will keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed (either orally, in writing or by demonstration) to the Receiving Party by the other party (“Disclosing Party”) or its employees, agents or sub-contractors and any other confidential information concerning the Disclosing Party’s business or personal circumstances (as applicable) which the Receiving Party may obtain (“Confidential Information”).
7.2 In relation to any Confidential Information received from the Disclosing Party or from a third party on behalf of the Disclosing Party, the Disclosing Party and the Receiving Party agree:
- to treat the Confidential Information in confidence and to use it only for the purpose of discharging the Receiving Party’s obligations under this Agreement;
- not to disclose the Confidential Information to any third party without the express written permission of the Disclosing Party (except that the Receiving Party may disclose the Confidential Information to its officers, employees, consultants, agents and sub-contractors who need access to the Confidential Information in connection with discharging the Receiving Party’s obligations under this Agreement and provided that such officers, employees, consultants, agents and sub-contractors are made aware of the confidential nature of the Confidential Information and are subject to confidentiality obligations at least as onerous as those set out in this Agreement); and
- to treat the Confidential Information with the same degree of care and with sufficient protection from unauthorised disclosure as the Receiving Party uses to maintain its own confidential or proprietary information.
7.3 Nothing in this Agreement will prevent the Receiving Party from using or disclosing any Confidential Information which:
- is in or comes into the public domain in any way without breach of this Agreement by the Receiving Party or any person or entity to whom it makes disclosure;
- the Receiving Party can show was: (i) in its possession or known to it by being in its use or being recorded in its files prior to receipt from the Disclosing Party and was not acquired by the Receiving Party from the Disclosing Party under an obligation of confidence; or (ii) to have been independently developed by the Receiving Party without reference to the Confidential Information;
- the Receiving Party obtains or has available from a source other than the Disclosing Party without breach by the Receiving Party or such source of any obligation of confidentiality or non-use;
- is disclosed by the Receiving Party with the prior written approval of the Disclosing Party; or
- is required by law to be released (e.g. by a court order), provided that, when permitted by the applicable law, the Disclosing Party is given as much prior written notice as possible of such request.
7.4 This clause 7 shall survive termination of this Agreement, however arising.
8. LIMITATION OF LIABILITY
8.1 This clause 8 sets out the entire financial liability of each party (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the other party:
- arising under or in connection with this Agreement;
- in respect of any use made by the User of the Services, the Website or any part of them; and
- in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
8.2 All warranties, conditions and other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
8.3 Nothing in this Agreement limits or excludes the liability of either party: (i) for death or personal injury which results from negligence; (ii) for any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party; or (iii) under any indemnities in this Agreement.
8.4 Subject to clause 8.3:
- neither party will be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
- Agency Side Job’s total liability to the User in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising under or in connection with this Agreement will be limited to the lesser of (i) £1,000 or (ii) the fees paid or payable for the Services provided to the User giving rise to such liability in the preceding 12 months to the claim arising (to be calculated on a pro rata basis where the contract term is less than 12 months).
8.5 For the avoidance of doubt, we are under no obligation to actively monitor the use of the Website or Services by any User and we have implemented reporting functions on the Website for other Users to report any issues arising in relation to the Website or the Services.
9.1 The User will indemnify and keep Agency Side Jobs and its Affiliates, officers, employees, consultants, agents and sub-contractors indemnified, on demand, against all losses, costs and liabilities and all expenses, including reasonable legal or other professional expenses, suffered or incurred by Agency Side Jobs arising out of or in connection with any claim, fine or other action:
- in relation to the User’s breach of any of the terms of this Agreement;
- in relation to the User’s breach of any applicable laws, including without limitation, the processing of personal data under the Data Protection Act 2018;
- in relation to any information provided by you being inaccurate, false or incomplete; and/or
- all subsequent communications and actions undertaken between the Advertiser and a Candidate in connection with the Candidate's response to a Listing.
10.1 Either party may terminate this Agreement and close the User’s account on the Website at any time by providing the other party with written notice (which may be by email).
10.2 The Advertiser acknowledges that if the Advertiser cancels its account (or if its account is terminated in accordance with this Agreement), all of its account information, including but not limited to contacts, saved Candidate profiles (including CV information, email addresses, telephone numbers and addresses) and email mailing lists, will be deleted from our databases.
10.3 If at any time during the Advertiser’s use of the Services, the Advertiser make a misrepresentation of fact to us or otherwise misleads us in regard to the nature of its business activities, we reserve the right to terminate the Advertiser’s use of the Website and the Services or to suspend such use until such time as the breach is remedied. Such determination will be at our sole discretion.
10.4 If this Agreement terminates for any reason, we shall not have any obligation to repay any charges paid by the Advertiser and notwithstanding any other provision, all charges payable by the Advertiser to Agency Side Jobs under this Agreement will become due and payable immediately. This clause is without prejudice to any right by Agency Side Jobs to claim for interest or any other right under this Agreement
10.5 Termination of this Agreement will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of a breach of this Agreement which existed at, or before, the effective date of termination.
10.6 Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect.
11. FORCE MAJEURE
We shall not be liable for any failure to perform our obligations under this Agreement if such failure results from circumstances which could not reasonably be contemplated at the time of entering into this Agreement and which are beyond our reasonable control (including, without limitation, strikes, lock-outs or other industrial disputes (involving the workforce of Agency Side Jobs), failure of a utility service or transport network, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or sub-contractors). If a force majeure event continues for a period of 30 days or more, either party may terminate this Agreement immediately by providing the other party with written notice.
12.1 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
12.2 It may be necessary for us to update this Agreement and its terms from time to time. If you continue to use the Services after we have informed you of any amendments or additional terms to the Agreement, you will be deemed to have accepted these changes and they will be incorporated into this Agreement.
12.3 Subject to clause 12.2, no variation of this Agreement will be effective unless it is in writing and signed by both parties.
12.4 You shall not, without the prior written consent of Agency Side Jobs, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
12.5 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy.
12.6 o one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
12.7 Nothing in this Agreement is intended to, or will be deemed to establish any partnership or joint venture between the parties, make a party the agent of the other party or authorise a party to make or enter into any commitments for or on behalf of the other party.
12.8 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
12.9 This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including without limitation non-contractual disputes or claims) are governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.